LOCAL LAW No. 3 of 2015
A Local Law amending Section 75.18 of the
Town Code to provide regulations for the keeping of
Chickens and Ducks in the R1, R2, R3, A, and A1 Zoning Districts
Section 1. Section 75.18 (J) the Code of the Town of Rosendale is amended to add the following language,
immediately following the existing Section 75.18
A.
Keeping of Chickens and Ducks.
1.
Purpose and Intent
The purpose of this section is to provide appropriate standards and regulations for keeping chickens
and ducks for non- commercial purposes within a residential environment so as to avoid adverse
impacts on neighboring properties and residents, and to provide for the health and safety of the
chickens and ducks.
2.
Definitions
Livestock – Domesticated animals, including poultry that are raised in an agricultural setting to
produce commodities such as food, fiber and labor.
Poultry – Domestic fowl, including chickens, turkeys, pheasants, ducks or geese that are raised for
meat or eggs.
Chicken – For the purpose of this code, a chicken (Gallus domesticus) refers only to a female chicken
(the hen).
Coop – The covered house, structure, or room that is required to provide chickens with shelter from
the weather, protection from predators, and a place to lay eggs and to roost.
Chicken/Duck enclosure (or run) – An enclosed fenced (or wire) area or pen, with or without
overhead screening, associated with a coop or duck house that is safe from predators, allows for
exercise and access to a foraging area and sunlight and which keeps chickens and ducks maintained
within the boundaries, in accordance with all required setbacks.
Cull – To re-home or to kill unwanted chickens.
Duck House - The covered house, structure, or room that is required to provide ducks with shelter
from the weather, protection from predators, and a place to lay eggs and to roost.
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3. General conditions for the keeping of chickens and ducks in R 1 , R 2 , R 3 , A a n d A 1
z o n i n g districts.
A. Only female chickens, or hens, ducks and drakes may be kept. The keeping of roosters, and any other
type of poultry or livestock is prohibited.
B. 1. In the R1, R2, R3, District, a limited number of chickens and ducks are permitted, subject to
obtaining a Permit from the Town Building Department, provided the chickens and ducks are
humanely cared for and do not constitute a nuisance or create a hazard to public health. Maximum
number of chickens, ducks, or combination of chickens and ducks per lot size:
Under One half acre - 6
At least One half acre but less than one acre - 8
At least One acre, but less than 3 acres - 12
3 acres or over: 18
B. 2. In any A or A1 District up to 18 chickens, ducks, or a combination of chicken and ducks can be
maintained, as of right provided all regulations contained in this Section 75-18(J) are complied
with.
C. Chickens and ducks must be confined at all times to the chicken/duck enclosure.
D. The coop/duck house and enclosures may not be located in front or side yards. Coops, duck houses
and enclosures must be a minimum of 50 feet from any neighboring residence, building, pool, deck or
patio, and shall comply with a setback of at least 15 feet from any lot line OR the minimum setback
of the District in which they are located, whichever is greater. Corner lots shall be excluded from the
side setback restriction.
E. The coop/duck house shall be covered and ventilated, and a fenced enclosure/run is required. The
coop/duck house and enclosure must be completely secured from predators, including all openings,
ventilation holes, doors and gates. The coop/duck house must be easily accessible for cleaning and
maintenance.
F. The coop/duck house shall be constructed using durable materials designed for permanent outdoor
use.
G. The coop/duck house and enclosure shall be kept clean consistent with the New York State Property
Maintenance Code.
H. Chickens and ducks shall be kept for personal use only. The selling of chickens, ducks, eggs, meat,
chicken or duck manure, or the breeding of chickens or ducks for commercial purposes is prohibited.
I. Any composting of manure shall comply with the Best Practice Management guidelines that shall be
on file in the Building Department. Copies of same shall be provided by the building department to
permit applicants. Composting of manure shall be subject to a 15 foot setback from all property lines,
and run off shall not encroach on neighboring properties. Manure, composted on the premises,
cannot be used off site.
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J. All chicken and duck feed must be kept indoors in metal containers with metal covers, with securely
fastened covers, at all times to minimize the infestation of rodents or problems with predators.
K. All persons who keep, possess or maintain chickens or ducks must comply with the Town Noise
Ordinances and shall not permit the chickens or ducks to make noises of such a nature as to be heard
beyond the property on which such chickens are harbored between 10 PM and 6 AM.
L. Property Owners must obtain a permit to keep chickens or ducks pursuant to this section. The Town
Board shall set the fee for said permit from time to time, by resolution.
M. In the event that a property owner discontinues the keeping of chickens or ducks for a period
exceeding one (1) year, the use of the property for the keeping of chickens or ducks shall be deemed
discontinued and a property owner will be required to follow all of the provisions of this chapter to
restart such use.
4.
Chicken and duck welfare and cruelty prevention
A. Whoever impounds, confines or owns any chicken or duck and fails to supply the animal with a
sufficient quantity of appropriate and wholesome food and fresh water shall be in violation of this
code.
B. Whoever keeps any chicken or duck in any enclosure without adequate room for exercise, perching
and ventilation shall be in violation of this code.
C. Whoever keeps any chicken or duck in dirty, damp or disease-prone conditions shall be in violation
of this code. The coop or duck house must have litter such as straw or shavings on the floor at all
times, generally at least six inches in depth, and this litter must be regularly changed to prevent
unsanitary and unhealthy conditions.
Section 2. This Local Law shall become effective immediately upon filing with the Secretary of State of
the State of New York.
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